Excerpt: ...lt judgment Plaintiff took against Defendant. The motion is granted. EVIDENCE The Court sustains Plaintiff's Objections Numbers 23 through 29. The Court overrules Plaintiff's other objections to Defendant's evidence because they go to weight, not admissibility. DISCUSSION Defendant seeks an order setting aside the default judgment entered on August 15, 2019. To the extent Defendant seeks relief under Code of Civil Procedure section 473(b), the mo...

Excerpt: ...24, 2019, Plaintiff substituted ESA Management, LLC (“Defendant”) for Doe 2. Defendant moves to quash service of process and dismiss the action on the grounds that Plaintiff did not timely serve Defendant. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 583.210, subdivision (a), “The summons and complaint shall be served upon a defendant within three years after the action is commenced...

Excerpt: ... International and Victory Outreach Salinas. Defendant Nicholas Langerica (“Defendant”) was the assistant pastor for the region of Victory Outreach International that included the home. Plaintiff alleges that he was required to perform community service work outside the residence, even though his visible tattoo made him a target for gang members, and that he was shot as a result. Defendant moves for summary judgment on Plaintiff's complaint f...

Excerpt: ...endants”) oppose the motion. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retaine...

Excerpt: ... death of Decedent Damien Cayetano (“Decedent”). Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) �...

Excerpt: ...xander, M.D. (“Dr. Alexander”) to comply with a deposition subpoena for the production of medical records. Defendant personally served the motion upon Dr. Alexander, and the motion is unopposed. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or a...

Excerpt: .... Defendant now moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opp...

Excerpt: ...intiff asserts a cause of action for negligence, and her husband, co- Plaintiff Patrick Leitheiser, asserts a cause of action for loss of consortium. The Court ordered Plaintiff Patricia Leitheiser to submit to an orthopedic exam and provided notice that the Court would grant a motion for terminating sanction if she failed to do so absent good cause. Now, Defendants move for terminating sanctions and proffer a report from the physician stating th...

Excerpt: ...”) opposes the motion, which is granted. LEGAL STANDARD “When a defendant challenges . . . jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving . . . the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) EVIDENCE Plaintiff's objections to Defendant's evidence are overruled. Defendant's evidence has suffici...

Excerpt: ...lica Aubery and owned by the Los Angeles County Metropolitan Transportation Authority (collectively, “Defendants”). Defendants move for summary judgment, and Plaintiff filed no opposition to the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable i...

Excerpt: ...alpractice action against Defendant Bryce R. Ko, M.D. (“Defendant”) following the death of Decedent Juan Montes Martinez (“Decedent”). Plaintiffs allege that Defendant treated Decedent at the La Palma Intercommunity Hospital on May 29, 2017, relating to an injury, following which he died from “sepsis due to an infected hematoma around his left kidney.” (David Brady Pregerson, M.D., ¶ 15.) Now, Defendant moves for summary judgment on ...

Excerpt: ...shed between a trailer and another vehicle. Plaintiff has agreed to submit to an independent medical examination with Robert J. Friedman, M.D., who is a neurologist. Defendants request an order compelling Plaintiff to submit to two additional physical examinations: one with an orthopedic surgeon; and one with a forensic medical rehabilitation physician. The motion is denied without prejudice. LEGAL STANDARD When the physical condition of the plai...

Excerpt: ...dants”). On December 18, 2018, Plaintiff, then a self-represented party, moved ex parte to continue the trial date in order to retain counsel. The Court (Lu, J.) granted the application and continue the trial from January 16, 2019, to July 16, 2019, at 8:30 a.m. Although Plaintiff was present, the Court ordered Defendants to provide notice of the trial continuance. Defendants did so by serving Plaintiff at both her physical address and her mail...

Excerpt: ... moves to compel the depositions of Defendant's persons most qualified to testify on specified topics, as well as three of Defendant's employees, and Defendant's retained expert. LEGAL STANDARD Plaintiff has the right to take Defendant's deposition and is entitled to do so without leave of court at any time after Plaintiff served Defendants, or after Defendants appeared in the action. (See Code Civ. Proc., § 2025.210, subd. (a).) Per Code of Civ...

Excerpt: ...“bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final det...

Excerpt: ...or vehicle collision. Plaintiff alleges that Defendant Johnny Wilfredo Ochoaortiz (“Ochoaortiz”) collided with Plaintiff when Ochoaortiz made an unsafe left turn at the intersection adjacent to Defendant's store. It is undisputed that at the time of the accident, Ochoaortiz was a day laborer who congregated with other laborers in the parking lot of Defendant's store. Plaintiff moves to compel the deposition of Defendant's persons most qualifi...

Excerpt: ...ute of Minimally Invasive Surgery (“Deponent”) to comply with a deposition subpoena for the production of medical records. Plaintiff has not opposed the motion. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, o...

Excerpt: ...pelling Plaintiff to submit to a physical examination with Jerry Sebag, M.D. (“Dr. Sebag”). Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plai...

Excerpt: ...dants Rochelle Sterling, the Sterling Family Trust, Doe Property Owners 1 through 9, Beverly Hills Properties, LLC, DOE Property Managers 10 through 19, and DOES 20 through 100. Plaintiff sought to take the deposition of Rochelle Sterling (“Defendant”) and now files a motion to compel in order to do so. Defendant opposes the motion, arguing that Plaintiff has sued the wrong individual. The motion is granted. LEGAL STANDARD Per Code of Civil P...

Excerpt: ...s that she was walking on the path to the parking lot when she tripped and fell on the edge of the planter. Defendant now moves for summary judgment on Plaintiff's complaint for negligence and premises liability. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable i...

Excerpt: ...erated by the Defendant Los Angeles County Metropolitan Transportation Authority and Kevin Darnell (“Defendants”). Defendants moved for summary judgment, arguing that the notice of rejection of the government claim was served on April 13, and Plaintiff filed this action after the statute of limitations ran on October 11, 2017. The Court denied the motion, as Defendants' evidence was unclear whether the notice of rejection was properly served....

Excerpt: ..., LLC, Skydance Television, LLC, Platinum Dunes Productions, Inc., Viacom, Inc., Potomac River Productions, Inc., and Paramount Pictures Corporation (collectively, “Defendants”) after he was injured on the set of a television show. Defendants demur to Plaintiff's complaint for negligence and premises liability, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer test...

Excerpt: ...c. (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Defendant argues that the allegedly dangerous condition was open and obvious, and that Defendant had no actual or constructive notice of the allegedly dangerous condition. Plaintiff opposes the motion, which is denied. LEGAL STANDARD The func...

Excerpt: ...vance of the hearing on Defendant's motion for terminating sanctions and motion for an order to show cause re: contempt against Plaintiff. The hearing shall be held as follows: Los Angeles County Superior Court Spring Street Courthouse, Department #5 (Goorvitch, J.) 312 North Spring Street Los Angeles, California 90012 Friday, October 4, 2019, at 1:30 p.m. If Plaintiff does not appear at the hearing to oppose the motions or to request a continuan...

Excerpt: ... a general contractor at a property owned by Defendant Aquareal Holding Corporation (“Aquareal”). Specifically, Plaintiffs allege as follows: Defendant Berger Pool Plumbing was also working at the subject premises. Among other things, Defendant Berger Pool Plumbing was cutting an opening in what was to become the [J]acuzzi spillway. Defendant Berger Pool Plumbing was also pouring concrete. Due to defective workmanship, however, the concrete w...